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Joshua, Lawyer

Category: Law

Satisfied Customers: 25358

Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice

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hi im having problem with an airline service.. i missed my

Customer Question

hi im having problem with an airline service.. i missed my outbound flight and my inbound was cancelled as well and they never even bother to informed me about it.. when i called them they told me i have to check with the agent whereas the agent told me its the airline i contacted the EU customer affair but even they cant help me.. this is such a stressful thing where i end up payin 2160 euros instead of only 960 euros please do help me and suggest me what can i do... thank you

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

Why did you miss your outbound flight please - were you late or was this flight cancelled too?

JACUSTOMER-hrbqtpwv- :

well despite being at the airport i missed it.. that day when i went to the take my flight i was told i miss it.. i was suppose to take flight to go to england and from there to dubai then my final destination but i miss my flight to england soo had to pay for another flight (one way) to my destination but then the eve of coming back i called them to comfirm my ticket then i was told that it was cancelled i was so shock that they would even mail me or let me know about anythg.. i wrote them a hand written complain which i never got an answer... when i missed my flight i called the budgetair (i booked my ticket through them) they told me emirate cancelled my flight and when i called emirates they couldnt help me more or less because i was booked through budget air...

JACUSTOMER-hrbqtpwv- :

these things are so stressful will really appreciate it if u could help me because i contact the eu customer care but they couldnt help me as well

JACUSTOMER-hrbqtpwv- :

thank u D

Josh-2010 :

Thanks. In terms of your flight that you missed, if this was your fault - I do not suggest it was (I note you do not expand on why you missed the flight above) - then you would not have a basis for a claim in this respect. If it was the airlines fault because for example the flight was cancelled then you may.

In respect of the cancelled flight you are in a potentially much better position. Following a judgement of the Court of Justice of the European Union in 2012 you can claim compensation from the airline under EU legislation if you were not advised more than 7 days prior to your flight that the flight was to be cancelled and they did not offer you an alternative flight which got you to your destination within 2 hours of the original flight. The above judgement confirmed a previous judgement of a lower court which was not surprisingly challenged by the airlines. The above judgement established bands of compensation to give consumers certainty as to the amount of compensation they are entitled to.

Josh-2010 :

The only defence an airline has to this is that of "extraordinary circumstance". This is to cover things such as adverse weather and so on. As a result airlines typically use extraordinary circumstance as a reason to deny a claim but it is in reality a limited defence. The European Court of Justice was asked to give its opinion on the use of the “extraordinary circumstances” defence. The court delivered a judgment which contained two key points:1. Wherever an airline raised the defence of “exceptional circumstances” it was not the responsibility of the passenger to disprove this – instead the airline would have to demonstrate that the facts of the case amounted to "extraordinary circumstances" and 2. Technical or maintenance issues are not to be considered ‘extraordinary circumstances’ unless they arise from an exceptional event beyond the control of the airline (e.g. jet engine failure as a result of ash from an erupting volcano would provide the airline with a valid defence).

Josh-2010 :

Compensation is calculated based on distance as follows:

Up to 1,500km, eg, London to Paris

3 hours+

€250 (£212)

1,500km-3,500 km, eg, London to Istanbul

3 hours+

€400 (£339)

3,500km+, eg, London to New York

3-4 hours

€300 (£254)

4+ hours

€600 (£508)

Josh-2010 :

Your approach is to make a complaint to the airline and await their response. They are not usually keen to pay out so expect to be fobbed off on the first attempt. You can either revert to them rejecting their offer if it is less than the above and ask them to reconsider failing which you will escalate your complaint to the civil aviation authority.

Josh-2010 :

If they still don't pay up you can do just that and write to:

Josh-2010 :

CAA House45-59 KingswayLondonWC2B 6TE

Josh-2010 :

They can intervene if the airline is not playing ball.

Josh-2010 :

You can consider adapting the following precedent letter to the Civil Aviation Authority if necessary:

I am writing to refer my complaint to the Civil Aviation Authority, after it was rejected by [insert name of airline] on [insert date of original letter].

The original complaint sent on [insert date of original letter] is regarding flight [insert flight number], which departed on [insert date] from [insert departure airport] to [insert arrival airport] with the scheduled departure time of [insert scheduled departure time]. This flight arrived [insert number of hours] hours late at [insert airport].

The judgment of the Court of Justice of the European Union in Tui& others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.

The passengers in the party were [insert the full names of everyone on your booking].

My scheduled flight length was [insert number of kilometres], therefore I am seeking [select from€400 (£339)] per delayed passenger in my party. The total sum is [insert total the total sum of compensation for all passengers].

[If you opted for a refund for a delayed flight which hasn’t yet been paid, then use the following text. If not, delete] The flight was delayed over five hours. As I decided not to fly, I’m also seeking a refund for the cancelled flight ticket/s. I’m seeking a refund of [insert flight cost] per passenger in my party, which I’ve not yet received from the airline. The total is [Insert total refund sum for all passengers].

[Use this section to claim refreshments or hotel accommodation, or delete]

During the delay the passengers in my party were not provided with any [select from refreshments / hotel accommodation] and I have attached receipts for the cost of purchasing our own. Please refund [list everything you paid for and the costs].

[Use this section for claims where you are claiming for more than one element, eg, food and a flight refund, or delete]

The total compensation sought is [insert total amount of all costs added together – you may have to split this out into different currencies].

I look forward to a full response to this letter.

Yours faithfully,

[insert your signature]

[insert your name (printed)]

[Enclose ALL relevant evidence for your complaint, eg, previous letters to and from the airline, booking confirmation or a copy of your ticket, copies of receipts]

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